This question is from Samara (paraphrased to suit this format):
My fixed-term tenancy is about to end next month. The landlord asked me if I want to extend or renew the tenancy agreement. What are the differences between the two?Â
An extension kicks out the expiry of the agreement to a future date whereas a renewal is a new contract binding you and the landlord into a new fixed-term tenancy agreement. Some practical matters for both parties to consider:
| EXTENSION | RENEWAL | NEW FIXED-TERM | |
| NOTICE | Written notice to the landlord at least 28 days before expiry (assuming agreement contains a right to extend and absent a mutual agreement) | Written notice to the landlord at least 28 days before expiry (assuming agreement contains a right to renew and absent a mutual agreement) | N/A |
| TERM | =/≠original agreement | = original agreement | =/≠original agreement |
| DOCUMENTATION | Record (in writing) and sign the extension either as an agreement or extend or variation to the original agreement | Record (in writing) and sign the renewal either as an agreement to renew or a tenancy agreement | Sign a new tenancy agreement |
| RENT INCREASE | Only if there is a rent increase provision in the agreement and s24 rules are followed otherwise no rent increase | Only if there is a rent increase provision in the agreement and s24 rules are followed otherwise no rent increase | The landlord can set new/higher rent |
| HHS ENTITLEMENTS | If the agreement predates 1 July 2021 then the property does not need to comply with the HHS until 2024 (assuming no new agreement is entered into between now and then) | Property has to comply with HHS within 90... |


